Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-06
+ NATION
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OWNERS AND LOCAToRs
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MI Z M ES
APPLICATION FOR PATENT.

Where papers have once been sIad ,,,.,
REGISTER and Receiver thew become ~
sns ioeo.u' ana can neither be withdraun
ersi Land omc must be transmitted to the Gen
An application will be rejected vba, A..
sufficient. ioneous Or
cause: f0Jected be
First The notice was publisbea w,,.o..,
knowledge of the Register. u''he
~Second-The notice was not npb,,s,.
claim. earestthe
Third-Record title was found defective
Fourth--A previous application b.,
made for the same premises. which w. uosn
drawn pending a suit in Court Commences =.
the adverse claimant. ~
An application for patent will be- reiao,.,
when the survey does not accurstelv dssr"n e
boundaries OF the claim, A0'ae
Wnere the claim was not located In scco,d
ance with law. e0ora'
Where several parties own separate and A..
unct portions Of q claim. application for
patent may be made by either for tn Al no,,ioa
OF the claim owned by him; but where sox..I
parties own undivided interests in . m,nsna
claim all should join in an application fars
patent.
A person or association may purchase "A
many placer locations as the local law .dm,,s
and embrace them all In one application for
pAtont.
Two or more lodes cannot be embraced IN
one application for a patent except for plscs,
claims embracing two or more lodes within
their boundaries ~
Papers sworn TO before any person purport.
ing to act as q deputy for the Register and n.
ceiver cannot be recorded as evidences,
In all patents for mining claims situated
within the interior boundaries of a town ~
o clause 10 inserted "~excepting and exclnains
all town property, rights upon the Surface
and all houses, buildings. structures. lots
blocks. streets, alleys or other municipal I'M
provements not belonging to the grantee here.
in. and all rights necessary or proper TO tia
occupation, possession and enjoyment OF ina
| same"
Publication Of notice must be made n on,v
one newspaper for the period of so days.
Notice must be published 10 consecutive
weeks In weekly newspapers, and in daily
newspapers so days must elapse between he
frat and last insertions.
Where the Register designAtes the daily issue
of q newspaper fer publication Of notices OF a
mining application for patent ii is not q com.
pliance with law TO change TO the weekly edi.
ton Of the same paper without authority Of
the Register.
The existence of = salt spring on . tract Of
land withdrsws 1t from the operation Of the
Homestead and pre-emption laws. A hearing
for the purpose of proving the agricultural
character OF such land IL not allowed. Land
containing valuable deposits Of slate may DO
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale q separate and
distinct claim against each application which
1t Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed,
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed 1t can.
not be amended so ~ to embrace q larger per.
l NtAp - tha rntata Sh.. sh.k na.th Ia a.
original adverse claim.
An adverse claim must be made ont 10
proper form and died In the proper local office
during the period of publication Of the applt
cation for the patent TO be effective.
1t Ia the duty OF the adverse claimant .
commence suit in proper form within the Re
CURED time, and IL he trusts The uncertan
medium Of the United States mail he mua
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure TO suit be the result Of
the cor rupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embodF.
ing conclusions Of law, without stating the
facts specially, viii not be considered In en'
dence.
An adverse claimant should show a compl.
ance with the local laws In recording his clam
and in regard to expenditures. and shall hlea
copy Of the original notice OF his location, and
show the nature or extent Of the COMICS
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient, and thsy
are not required to prove that they are ne
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little, IL any value, for agri
cultural purposes, but is essential to the
proper development OF mining claims, II
should be disposed Of under the Mining Act.
Where lands containing valuable minerAi
| deposits have been included In an agricultufa
entry, said entry viii DO Cancelled at any time
| prior to issuance OF patent, upon satisfactory
evidence Of the existence of such valuable d"
posts. -.
Where valuable deposits of mineral are DIS
| covered upon a tract sfter the same ias peeu
entered as agricultural, but before ! stent hs
been issued. the parties claiming the nlhe
may make application for patent for same,
and the agricultural entry will be Cancelled :,
that portion of the land embraced oy shu
| mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has peoa
issued to an agricultural claimant, they pN"
| with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes . cin.s ~
/ before disposing OF the mine. PROOF ihss ~
party was not q citizen before disposin8 VI nv
| claim must be sfirmatively shown. .na,
Locators and ntermediste owners ~
than applicants, will not be presumed MIA,
in the absence of allegation or objection P'"
to issuance of patent. liam
The portion of a mining claim soNu n
| alien cannot be patented while such own"
an alien; but on his declsrstioni o peoJ hss
citizen his right dates back to bis pu'S St.tss
aud he may thereupon secure uni'eo'
patent for his claim.
CROSS LEDeEs
Revised Statutes. Section 1850: ,.,.,sect
Where two or more lodges cross OF INV and
each other, priority Of title shall govern are
such prior location shall be entitled y ,oter.
| or mineral contained within the spaceoi have
section, but the subsequent location u mS inter.
the right of way through the space ssnient
section for the purpose OF the or more
working Of the mine. And where .woU hall
| veins unite the oldest or prior locau nynn In.
| take the vein below the point OF u"o"
| Guiding all the space of intersecuon'
TUNNELS.
There Ia no authority of law Tor = n.tion
location 5000 by 800 feei' a PG0d Fact.
is the width OF the tunnel Tor S,oUo ieo snting
There lie no provision OF law 10. psi IN run.
tunnel locations, but lodes disooVe ~ manner